[Amended 11-20-1967 by Ord. No. 67-8; 1-22-1979 by L.L. No.
1-1979; 4-7-1980 by L.L. No. 3-1980]
A. In a Commercial District, no building or premises
shall be used, and no building shall be erected or altered, which
is arranged, intended or designed to be used for other than one or
more of the following uses:
(1) All uses allowed in Dwelling A, B and C Districts.
(2) Any retail or wholesale business or wholesale sample
room, except that which is expressly prohibited by this chapter.
(3) Banks, offices or studios.
(4) Bake shops or bakeries where bread, bread rolls or
cake, or both products, are baked or sold at retail on premises only.
(5) Bowling alleys, billiard parlors or recreational uses not otherwise prohibited by this chapter, subject to approval of the Board of Trustees pursuant to Article
XV of this chapter, after notice and public hearing.
[Amended 4-18-1994 by L.L. No. 4-1994]
(6) Dry cleaning, limited to taking orders, pickup and
delivery, cleaning process excluded.
(7) Launderettes, to be permitted only as and when the
Village has sewers.
(8) Mortuaries, undertaking or embalmment parlors.
(9) Restaurants, tearooms or lunch counters.
(10)
Showrooms for the display or sale of motor vehicles,
with the right to have as an accessory use thereof a repair shop with
or without gasoline service for the servicing of cars, provided that
the gasoline is in tanks underground, and provided further that all
the aforesaid are housed in a permanent structure complying with the
Building Code requirements of the Village, and provided further that
the portion of the premises used for the repair shop is limited to
75% of the area of the ground floor showroom. Not more than two pumps
for the service of gasoline may be installed or used and they must
be contained inside the building.
(11)
Tailor repairs with hand spot-cleaning accessory
thereto, wholesale cleaning process excluded.
(13)
A warehouse of fireproof construction, as provided in Article
XVI of Chapter
81 of the Code of the Village of Lynbrook, to be not over two stories high, for the storage of furniture and household effects.
(14)
Multiple dwellings, subject to approval of the
Board of Trustees, after public hearing and notices.
(15)
Retail and wholesale fish markets or retail
fish departments in supermarkets, subject to the approval of the Board
of Trustees after a public hearing, pursuant to notice.
(16)
Notwithstanding any other provision of this
chapter, a hotel will be permitted on a parcel of land situated on
and abutting the southerly boundary of Sunrise Highway and east of
the intersection formed by the intersection of Sunrise Highway and
Wyoming Avenue, with a minimum area of 55,000 square feet, provided
there is compliance with the following regulations:
[Added 1-3-2005 by L.L. No. 1-2005]
(a)
Permitted uses. Hotel and accessory uses customarily incidental thereto, including, but not limited to, restaurants, cocktail lounges, bars, banquet halls, retail sales, meeting rooms and recreational facilities may be permitted pursuant to special use permit under §
252-116.
(b)
Sleeping accommodations shall be designed for
transient guests without cooking facilities.
(c)
Areas used for restaurant use, the sale of beverages
for consumption on the premises, bars, meeting rooms, retail sales,
banquet facilities, and recreational facilities shall be limited in
such number and capacity so as to ensure their adequate functioning
as subordinate and accessory uses to the hotel use. Each such nonsleeping
area will require a separate certificate of occupancy.
(d)
There shall be no basement or cellar occupancy
for living or sleeping quarters.
(e)
There shall be provision of twenty-four-hour
front desk service for every day the hotel conducts its business.
(f)
Exterior signs will be permitted only pursuant
to permit issued by the Building Department after review by the Architectural
Review Board.
(g)
Structure height.
[1]
Building height measured from curb level to
the top of the parapet wall, or other point of maximum height of an
exterior wall, shall not exceed 40 feet.
[2]
Any elevator room, mechanical room or other
such penthouse or bulkhead exceeding said maximum height of the exterior
wall shall be permitted, provided the height of such structure does
not exceed 10 feet and the area does not exceed 150 square feet.
(h)
Front, side and rear setbacks. No part of the
building wall shall be constructed within 25 feet of any property
Line of the subject parcel, except for permissible encroachments such
as door or window canopies, marquees, or decorative features.
(i)
Parking. There shall be, on site, one parking space per guest room, plus one space per employee, plus additional spaces as required by §
252-54 of this chapter for any accessory restaurant, conference, or meeting room, public assembly, retail or office uses, where said accessory uses are intended for nonstaying guests. Notwithstanding the above, where the hotel operates in a manner where at least 35% of its guests arrive and depart by mass or group transportation, the Village Board, in acting on the special permit, may reduce the entire parking requirement for the hotel to no less than 0.8 parking space per guest room.
(j)
As part of the special use permit application process, an applicant will submit a site plan and landscape plan which must demonstrate adequate parking to comply with the requirements of Subsection
A(16)(i) and
(n) of this section and adequate landscaping to provide reasonable aesthetic screening of the parking areas commensurate with the conditions existing at and around the subject parcel. In its discretion, the Village Board may refer the landscaping site plan to the Architectural Review Board for an advisory opinion concerning the adequacy of the landscaping for purposes of screening as aforesaid. All areas of landscaping shall be provided with adequate irrigation by sprinkler systems and shall be maintained in a healthy condition so as to constitute continual adequate screening and an adequate aesthetic appearance.
(k)
No heating or air conditioning equipment or
units shall extend through any exterior wall of the building other
than vents which will be permitted, provided that such vents are near
to flush to the exterior wall.
(l)
Dumpsters, as are required for the hotel, must:
[1]
Be adequately screened so as to present a reasonably
aesthetic appearance;
[2]
Be situated on a raised platform consisting
of an eight-inch concrete deck; and
[3]
Be enclosed by a suitable fence which shall
include gates for use by the trash removal truck and a separate gate
for use by hotel personnel for depositing trash.
(m)
All exterior lighting shall be confined to the
subject parcel and shall not unreasonably radiate into any adjoining
parcel.
(n)
Before a special use permit is issued:
[1]
The construction plans and site plans must be
submitted to the Lynbrook Fire Department for evaluation. The Fire
Department will submit a report to the Board of Trustees commenting
on compliance with Code and accessibility for firematic purposes;
and
[2]
A parking plan must be submitted to the Building
Department for approval. Said plan shall:
[a] Comply with accepted standards
for the proposed use; and
[b] Display an acceptable scheme to
limit parking use to hotel guests and/or livery vehicles.
[Amended 8-13-1968 by Ord. No. 68-20; 6-16-1980 by L.L. No.
9-1980]
A. No building or premises shall be used, and no building
shall be erected or altered, which is arranged, intended or designed
to be used for any of the following specified trades, industries or
uses:
(1) Bottling or distribution stations.
(4) Carpet or rug cleaning establishments.
(5) Cement plants, cement mix plants or lime mix or mixture,
cement or cement mix or mixture, gypsum or plaster of paris mix or
mixture, or manufacture thereof, and such trade or substantially similar
trade, industry or use in which any such mixture or material used
therein falls or drips upon the roadway, street or streets of the
Village, and industry, trade or use which requires haulage to or from
the place where such industry, trade or use is carried on of any material
or substance where such material or substance is not so covered that
the same may not be blown or dispersed into the air or street while
being hauled to or from any place of business in said district.
(9) Establishments for cleaning and dyeing of clothes,
goods, wares or merchandise.
(10)
Gas manufacturing or storage (illuminating or
heating).
(11)
Gasoline service stations.
(13)
Public garages, dance halls, used car lots or
stands, storage of junk, scrap metal, wrecked or abandoned automobiles,
used automobile parts or accessories, paper or rags (sorting or bailing),
storage and/or sale of automobiles, except such as are on sale within
salesrooms.
(14)
Public or private hospitals or other places
where persons suffering from mental or any kind of diseases whatsoever
are kept or treated.
(15)
Public stables, or the storage of hay, grain,
feed, excelsior, straw or other flammable materials.
(16)
Railroad spurs or freight yards.
(17)
Repair shops for motor vehicles, unless the same are to be used in conjunction with a showroom as herein otherwise provided under §
252-29A(10) hereof.
(18)
Sawmills, planing or woodworking mills.
(20)
Storage and/or sale of automobiles, except such
as are on sale within salesrooms.
(21)
Upholstery shops, where upholstery work is performed.
(22)
Vehicles shall not be stored upon vacant lots
or plots.
(23)
Veterinary, animal hospital, kennel and boarding
of animals.
(24)
All uses expressly prohibited in the Light Manufacturing
and Industrial Districts.
(25)
Any other use which is harmful or dangerous
to the customs or character of the surrounding property shall not
be permitted, nor shall any use be permitted which has the effect
of emitting odor, dust, smoke, gas or noise into the public street
or thoroughfare, except as otherwise in this chapter provided.
(26)
Boardinghouse, rooming house or lodging house.
(27)
Hotels.
[Added 10-26-1992 by L.L. No. 11-1992]
(28)
Amusement centers containing more than two amusement center games, as defined in Chapter
66, Amusements.
[Added 4-18-1994 by L.L. No. 4-1994]
(29)
Tattoo parlors. However, any tattoo parlor in
business on the effective date of this chapter may continue to operate
up to January 30, 2001, at which time such business shall be unlawful.
[Added 5-6-1996 by L.L. No. 1-1996]
(30)
A business which allocates a substantial portion
of its operations engaging in the piercing of parts of the human body
for the purpose of attaching or inserting jewelry, decoration or other
like ornaments therein.
[Added 5-6-1996 by L.L. No. 1-1996]
(31) An occupancy in any building which uses a movable or foldable exterior
security gate. This section does not prohibit the use of an interior
security gate subject to:
[Added 6-18-2012 by L.L. No. 4-2012]
(a) The grant of a building permit;
(b) Architectural Review Board approval; and
(c) The installation of an approved burglar alarm which is responsive
to a breakage of an exterior display window.
(32) Self-services storage facilities.
[Added 1-14-2019 by L.L.
No. 1-2019]
(33) A business which uses in excess of five square feet for the sale
of tobacco products, herbal cigarettes, electronic cigarettes, liquid
nicotine, vapor products, rolling papers, and other smoking paraphernalia.
Tobacco products include, but are not limited to, cigarettes, cigars,
chewing tobacco, powdered tobacco, bidis, gutka, shisha, and any other
tobacco product. Herbal cigarettes are made primarily of an herb or
combination of herbs and are intended to be used in the same manner
as tobacco. Electronic cigarettes are electronic devices that deliver
vapor which is inhaled, and include any refill, cartridge and any
other component of such device. Liquid nicotine, also known as electronic
or e-liquid, is a liquid composed of nicotine and other chemicals.
Vapor products include noncombustible liquids or gels for use in a
vaping device, regardless of the presence of nicotine.
[Added 3-3-2022 by L.L. No. 2-2022]
(34) Transient dwelling units.
[Added 4-24-2023 by L.L. No. 2-2023]
[Amended 1-4-1988 by L.L. No. 4-1988; 8-12-1991 by L.L. No.
5-1991]
No building or part thereof or structure or
accessory structure or accessory building shall be erected, altered
or raised that is higher than three stories or 40 feet above the curb
level of the street.
[Amended 10-26-1992 by L.L. No. 11-1992]
The front yard requirements for apartment houses,
multiple dwellings or clubs shall be a minimum of 25 feet. On the
corner lots the setback distance from the street line other than the
street upon which the building fronts shall be not less than 15 feet.
[Amended 10-26-1992 by L.L. No. 11-1992]
Side yards are not required except for apartment
houses, multiple dwellings or clubs, which side yards shall be no
less than 15 feet in width on each side of the buildings.
[Amended 10-26-1992 by L.L. No. 11-1992]
Rear yards shall be a minimum of 10 feet, except
for apartment houses, multiple dwellings or clubs, which shall have
a rear yard of not less than 20 feet.
Any building erected or hereafter constructed for a single-family detached or a two-family detached house must comply with the front yard, side yard or rear yard requirements as set forth in §§
252-17,
252-18 and
252-19 of this chapter.